Carter v. Tempermire et al

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the Court's prisoner civil rights complaint form.IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to proceed in forma pauperis form for prisoners. IT IS FURTHER ORDERED that plaintiff must file an amended complaint on the Court's form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff must either pay the &# 036;400 filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma pauperis, he must also file a certified copy of his priso n account statement for the six-month period preceding the filing of the complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for non-compli ance with this Order, the dismissal will not count as a "strike" under 28 U.S.C. § 1915(g). Amended/Supplemental Pleadings due by 1/3/2018. Response to Court due by 1/3/2018.. Signed by Magistrate Judge Nannette A. Baker on 12/4/17. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DISTRICT

MARICO CARTER,
Plaintiff,
v.
TRAVIS TEMPERMIRE, et al.,
Defendants.

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No. 1:17-CV-203 NAB

MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiff’s pro se complaint. The
complaint is defective because it has not been drafted on the Court’s form. See E.D. Mo. Local
Rule 2.06(A). Additionally, plaintiff must either pay the filing fee or file a motion to proceed in
forma pauperis. See 28 U.S.C. § 1915(a).
Because plaintiff is proceeding pro se, the Court will allow plaintiff to file an amended
complaint on the Court’s form. Plaintiff has thirty (30) days from the date of this Order to file an
amended complaint in accordance with the specific instructions set forth herein. All claims in the
action must be included in one, centralized complaint form. See Fed. R. Civ. P. 7(a)(1), 8(a).
Additionally, plaintiff is warned that the filing of an amended complaint replaces the
original complaint and all previously-filed pleadings, so plaintiff must include each and every
one of the claims he wishes to pursue in the amended complaint. See, e.g., In re Wireless
Telephone Federal Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005).
In the “Caption” section of the amended complaint, plaintiff must state the first and last
name, to the extent he knows it, of each defendant he wishes to sue. Plaintiff should also indicate

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whether he intends to sue each defendant in his or her individual capacity, official capacity, or
both. 1
In the “Statement of Claim” section, plaintiff should begin by writing the first
defendant’s name. In separate, numbered paragraphs under that name, plaintiff should set forth
the specific factual allegations supporting his claim or claims against that defendant, as well as
the constitutional right or rights that defendant violated. Plaintiff should only include claims that
arise out of the same transaction or occurrence, or simply put, claims that are related to each
other. See Fed. R. Civ. P. 20(a)(2). Alternatively, plaintiff may choose a single defendant and
set forth as many claims as he has against that defendant. See Fed.R.Civ.P.18(a).
If plaintiff is suing more than one defendant, he should proceed in the same manner with
each one, separately writing each individual defendant’s name and, under that name, in
numbered paragraphs, the allegations specific to that particular defendant and the right(s) that
defendant violated. Plaintiff’s failure to make specific and actionable allegations against any
defendant will result in that defendant’s dismissal from this case.
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the
Court’s prisoner civil rights complaint form.
IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the
motion to proceed in forma pauperis form for prisoners.
IT IS FURTHER ORDERED that plaintiff must file an amended complaint on the
Court’s form within thirty (30) days of the date of this Order.

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The failure to sue a defendant in his or her individual capacity may result in the dismissal of that
defendant.
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IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or
submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma
pauperis, he must also file a certified copy of his prison account statement for the six-month
period preceding the filing of the complaint.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court
will dismiss this action without prejudice. If the case is dismissed for non-compliance with this
Order, the dismissal will not count as a “strike” under 28 U.S.C. § 1915(g).

NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE
Dated this 4th day of December, 2017.

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